3 minute read
Shining a light on permitted development
By Manuella Nguessan, Surveyor, Neighbourly Matters, Rapleys
From 1st August 2020, legislative changes in Planning were made to the General Permitted Development Order (GPDO). More specifically, with Class O (Office to residential) conversions, the revision includes an additional requirement that all habitable rooms within the conversion must have internal layouts that receive adequate access to light.
In May 2013, the government amended the General Permitted Development Order to allow the conversion of office space to flats or house without having to submit a planning application to the local authority. With Class O conversions, there is no maximum size requirement for the converted office block and there are no minimum or maximum limit set on the number of dwellings you can convert to. This has had the effect of increasing the supply of new homes whilst stimulating the economy and regenerating parts of towns and cities across England and Wales.
The change last summer was informed by research into the quality standard of homes delivered through change of use permitted development rights published on 21 July 2020. This report highlighted that homes created through planning permission are of a higher standard and have
better access to daylight and sunlight compared to dwellings created through permitted development rights.
Space Standards
As a result, Class O conversions now require the submission of detailed existing and proposed floor plans showing the position and dimensions of windows, doors and walls, the dimensions and proposed use of each room, and the elevations of the homes. There is also now a requirement for the conversions to adhere to minimum space standards, and minimum bedroom sizes if converting to HMO’s. This is to enable the local planning authority to consider the provision of adequate natural light within proposed habitable rooms, as rooms with a higher density and within built up urban environments will have difficulties achieving ‘adequate natural light’. These recent amendments have been widely accepted and adopted as they seek to improve the quality and access to adequate natural light. Although it may be challenging to balance aesthetics with the new natural [DT1] light requirements, the changes will lead to improved designs and removes all internal ‘habitable’ rooms in new developments. However, less certainty exist around how local planning authorities are planning to ensure natural daylight to each habitable room, based solely on the submission of planning drawings.
‘Adequate’ Natural Light
There is currently no specific guidance on what constitutes ‘adequate natural light’ under the new amendments. However, the BRE daylight and sunlight assessments provide these definitions and detailed analyses to ensure ‘adequate natural light’ in habitable rooms. Although the new legislation does not make a direct link to the BRE assessments, in the absence of widely recognised industry alternatives and avoiding the legal easement route of Rights to Light, it seems the most prudent approach to take. Therefore, whilst this is not a requirement by the new legislation, for conversions where there is likely to be an issue meriting a more considered review, the carrying out of a daylight and sunlight study using BRE Report 209 is proving useful.
As a result, Rapleys have seen an increase in the number of daylight and sunlight enquires for studies to accompany the submitted plans to local planning authorities at preplanning stage and see this trend continuing.
Recomendation
Whilst we appreciate some developers will see this requirement as another hurdle in the process when Permitted Development is intended to reduce ‘red tape’ and delays on a project, our advice is to instruct a daylight and sunlight consultant alongside the appointment of a design team in order to optimise the room configuration and maximise the access to daylight and sunlight for the future occupiers. At Rapleys, we advise on all manner of Neighbourly Matters from Daylight & Sunlight, Rights to Light, Party Wall and Access Arrangements such as crane oversail licences. Operating nationally and working ‘both sides of the fence’ for developers and neighbours to development across all property sectors, we are well placed to assist and advise.
